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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
October-2001 Jurisprudence                 

  • G.R. No. 137841 October 1, 2001 - PEOPLE OF THE PHIL. v. ALBERTO CHUA

  • G.R. No. 117512 October 2, 2001 - REBECCA ALA-MARTIN v. HON. JUSTO M. SULTAN

  • G.R. No. 120098 October 2, 2001 - RUBY L. TSAI v. HON. COURT OF APPEALS EVER TEXTILE MILLS

  • G.R. No. 124037 October 2, 2001 - PEOPLE OF THE PHILIPPINES v. REYNALDO DE GUZMAN

  • G.R. No. 126592 October 2, 2001 - ROMEO G. DAVID v. JUDGE TIRSO D.C. VELASCO, ET AL.

  • G.R. No. 129900 October 2, 2001 - JANE CARAS y SOLITARIO v. HON. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES

  • G.R. No. 133000 October 2, 2001 - PATRICIA NATCHER petitioner v. HON. COURT OF APPEALS AND THE HEIRS OF GRACIANO DEL ROSARIO-LETICIA DEL ROSARIO

  • G.R. No. 133895 October 2, 2001 - ZENAIDA M. SANTOS v. CALIXTO SANTOS, ET AL.

  • G.R. Nos. 135522-23 October 2, 2001 - PEOPLE OF THE PHIL. v. AMORSOLO G. TORRES

  • G.R. No. 137777 October 2, 2001 - THE PRESIDENTIAL AD-HOC FACT FINDING COMMITTEE, ET AL. v. THE HON. OMBUDSMAN ANIANO DESIERTO, ET AL.

  • G.R. No. 138322 October 2, 2001 - GRACE J. GARCIA v. REDERICK A. RECIO

  • G.R. No. 138929 October 2, 2001 - PEOPLE OF THE PHIL. v. FLORENTINO DEL MUNDO

  • G.R. No. 139050 October 2, 2001 - REPUBLIC OF THE PHILIPPINES v. THE COURT OF TAX APPEALS and AGFHA

  • G.R. No. 142877 October 2, 2001 - JINKIE CHRISTIE A. DE JESUS and JACQUELINE A. DE JESUS v. THE ESTATE OF DECEDENT JUAN GAMBOA DIZON

  • G.R. No. 125081 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. REMEDIOS PASCUA

  • G.R. No. 128195 October 3, 2001 - ELIZABETH LEE and PACITA YULEE v. REPUBLIC OF THE PHILIPPINES

  • G.R. Nos. 128514 & 143856-61 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. NILO LEONES

  • G.R. Nos. 142602-05 October 3, 2001 - PEOPLE OF THE PHILIPPINES v. BONIFACIO ARIOLA

  • A.M. No. 01-6-192-MCTC October 5, 2001 - Request To Designate Another Judge To Try And Decide Criminal Case No. 3713

  • A.M. No. RTJ-01-1610 October 5, 2001 - ATTY. EDGAR H. TALINGDAN v. JUDGE HENEDINO P. EDUARTE

  • G.R. No. 124498 October 5, 2001 - EDDIE B. SABANDAL v. HON. FELIPE S. TONGCO Presiding Judge

  • G.R. No. 127441 October 5, 2001 - DOROTEO TOBES @ DOTING v. COURT OF APPEALS

  • G.R. No. 130499 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. PAMFILO QUIMSON @ "NOEL QUIMSON

  • G.R. No. 130962 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE REAPOR y SAN JUAN

  • G.R. No. 131040 October 5, 2001 - PEOPLE OF THE PHIL. v. MICHAEL FRAMIO SABAGALA

  • G.R. No. 132044 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO @ Tony EVANGELISTA Y BINAY

  • G.R. No. 132718 October 5, 2001 - PEOPLE OF THE PHILIPPINES v. JOSE CASTILLON III and JOHN DOE

  • G.R. Nos. 135452-53 October 5, 2001 - PEOPLE OF THE PHIL. v. IRENEO M. ALCOREZA

  • G.R. No. 139760 October 5, 2001 - FELIZARDO S. OBANDO v. HON. COURT OF APPEALS

  • G.R. No. 144189 October 5, 2001 - R & M GENERAL MERCHANDISE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121948 October 8, 2001 - PERPETUAL HELP CREDIT COOPERATIVE v. BENEDICTO FABURADA

  • G.R. No. 123075 October 8, 2001 - PEOPLE OF THE PHIL. v. PEDRO L. NUELAN

  • G.R. No. 129926 October 8, 2001 - PEOPLE OF THE PHIL. v. NOLE M. ZATE

  • G.R. No. 137599 October 8, 2001 - PEOPLE OF THE PHILIPPINES v. GILBERT BAULITE and LIBERATO BAULITE

  • G.R. No. 138941 October 8, 2001 - AMERICAN HOME ASSURANCE COMPANY v. TANTUCO ENTERPRISES

  • G.R. No. 141297 October 8, 2001 - DOMINGO R. MANALO v. COURT OF APPEALS (Special Twelfth Division) and PAIC SAVINGS AND MORTGAGE BANK

  • A.M. No. 01-9-246-MCTC October 9, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. JUDGE ALIPIO M. ARAGON

  • G.R. No. 138886 October 9, 2001 - PEOPLE OF THE PHILIPPINES v. SP01 WILFREDO LEAÑO SP01 FERDINAND MARZAN SPO1 RUBEN B. AGUSTIN SP02 RODEL T. MADERAL * SP02 ALEXANDER S. MICU and SP04 EMILIO M. RAMIREZ

  • G.R. No. 141182 October 9, 2001 - HEIRS OF PEDRO CUETO Represented by ASUNCION CUETO v. HON. COURT OF APPEALS (SPECIAL FORMER FIRST DIVISION) and CONSOLACION COMPUESTO

  • A.M. No. 99-12-03-SC October 10, 2001 - RE: INITIAL REPORTS ON THE GRENADE INCIDENT THAT OCCURRED AT ABOUT 6:40 A.M. ON DECEMBER 6, 1999

  • G.R. No. 129313 October 10, 2001 - SPOUSES MA. CRISTINA D. TIRONA and OSCAR TIRONA v. HON. FLORO P. ALEJO as Presiding Judge

  • G.R. Nos. 135679 & 137375 October 10, 2001 - PEOPLE OF THE PHILIPPINES v. GODOFREDO RUIZ

  • G.R. No. 136258 October 10, 2001 - PEOPLE OF THE PHIL. v. CARLOS FELICIANO

  • A.M. No. 2001-9-SC October 11, 2001 - DOROTEO IGOY v. GILBERT SORIANO

  • A.M. No. RTJ-99-1485 October 11, 2001 - TEOFILO C. SANTOS v. JUDGE FELICIANO V. BUENAVENTURA

  • G.R. No. 80796 & 132885 October 11, 2001 - PROVINCE OF CAMARINES NORTE v. PROVINCE OF QUEZON

  • G.R. No. 118387 October 11, 2001 - MARCELO LEE v. COURT OF APPEALS and HON. LORENZO B. VENERACION and HON. JAIME T. HAMOY

  • G.R. Nos. 123913-14 October 11,2001

    PEOPLE OF THE PHIL. v. PABLO CALLOS

  • G.R. No. 130415 October 11, 2001 - PEOPLE OF THE PHILIPPINES v. ALVIN YRAT y BUGAHOD and RAUL JIMENA, ET AL.

  • G.R. No. 130562 October 11, 2001 - Brigida Conculada v. Hon. Court Of Appeals

  • G.R. No. 112526 October 12, 2001 - STA. ROSA REALTY DEVELOPMENT CORPORATION v. COURT OF APPEALS

  • G.R. No. 122710 October 12, 2001 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS and REMINGTON INDUSTRIAL SALES CORPORATION

  • G.R. Nos. 134769-71 October 12, 2001 - PEOPLE OF THE PHIL. v. ROBERTO BATION

  • G.R. No. 137843 October 12, 2001 - PEOPLE OF THE PHIL. v. EDUARDO S. AÑONUEVO

  • G.R. No. 139904 October 12, 2001 - PEOPLE OF THE PHIL. v. CONRADO MERCADO

  • G.R. No. 136470 October 16, 2001 - VENANCIO R. NAVA v. COMMISSION ON AUDIT

  • G.R. No. 140794 October 16, 2001 - PEOPLE OF THE PHIL. v. RICARDO T. AGLIDAY

  • A.M. No. P-00-7-323-RTJ October 17, 2001 - RE: RELEASE BY JUDGE MANUEL T. MURO, RTC, BRANCH 54 MANILA, OF AN ACCUSED IN A NON-BAILABLE OFFENSE

  • A.M. No. P-00-1419 October 17, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. MAGDALENA G. MAGNO

  • A.M. No. RTJ-97-1390 & AM RTJ-98-1411 October 17, 2001 - ATTY. CESAR B. MERIS v. JUDGE CARLOS C. OFILADA

  • G.R. No. 123137 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. PO2 ALBERT ABRIOL

  • G.R. No. 124513 October 17, 2001 - ROBERTO ERQUIAGA v. HON. COURT OF APPEALS

  • G.R. No. 127540 October 17, 2001 - EUGENIO DOMINGO v. HON. COURT OF APPEALS

  • G.R. No. 127830 October 17, 2001 - MANOLET LAVIDES v. ERNESTO B. PRE

  • G.R. No. 129069 October 17, 2001 - PEOPLE OF THE PHIL. v. JULIO R. RECTO

  • G.R. No. 129236 October 17, 2001 - PEOPLE OF THE PHIL. v. RAYMUNDO G. DIZON

  • G.R. No. 129389 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. TEODORICO UBALDO

  • G.R. Nos. 132673-75 October 17, 200

    PEOPLE OF THE PHIL. v. DOMINADOR C. GOMEZ

  • G.R. No. 136291 October 17, 2001 - LETICIA M. MAGSINO v. REPUBLIC OF THE PHILIPPINES

  • G.R. No. 136869 October 17, 2001 - PEOPLE OF THE PHILIPPINES v. DENNIS MAZO

  • G.R. No. 141673 October 17, 2001 - MANUEL L. QUEZON UNIVERSITY/AUGUSTO B. SUNICO v. NLRC (Third Division), ET AL.

  • G.R. No. 142726 October 17, 2001 - PEOPLE OF THE PHIL. v. APOLONIO ACOSTA

  • G.R. No. 143190 October 17, 2001 - ANTONIO P. BELICENA v. SECRETARY OF FINANCE

  • G.R. No. 143990 October 17, 2001 - MARIA L. ANIDO v. FILOMENO NEGADO and THE HONORABLE COURT OF APPEALS

  • G.R. Nos. 121039-45 October 18, 2001 - THE PEOPLE OF THE PHILIPPINES v. MAYOR ANTONIO L. SANCHEZ

  • G.R. No. 132869 October 18, 2001 - GREGORIO DE VERA v. COURT OF APPEALS

  • G.R. No. 143486 October 18, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO DUMAGAY TUADA

  • G.R. No. 144735 October 18, 2001 - YU BUN GUAN v. ELVIRA ONG

  • G.R. No. 116285 October 19, 2001 - ANTONIO TAN v. COURT OF APPEALS and the .C.C.P

  • G.R. Nos. 121201-02 October 19, 2001 - THE PEOPLE OF THE PHILIPPINES plaintiff-appellee v. GIO CONCORCIO @ JUN

  • G.R. No. 129995 October 19, 2001 - THE PROVINCE OF BATAAN v. HON. PEDRO VILLAFUERTE

  • G.R. No. 130730 October 19, 2001 - HERNANDO GENER v. GREGORIO DE LEON and ZENAIDA FAUSTINO

  • G.R. No. 133002 October 19, 2001 - PEOPLE OF THE PHILIPPINES v. INTOY GALLO @ PALALAM

  • G.R. No. 137904 October 19, 2001 - PURIFICACION M. VDA. DE URBANO v. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS)

  • A.M. No. 99-12-497-RTC October 23, 2001 - REQUEST OF JUDGE FRANCISCO L. CALINGIN

  • G.R. No. 121267 October 23, 2001 - SMITH KLINE & FRENCH LABORATORIES v. COURT OF APPEALS, ET AL.

  • G.R. No. 124036 October 23, 2001 - FIDELINO GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 124295 October 23, 2001 - JUDGE RENATO A. FUENTES v. OFFICE OF THE OMBUDSMAN-MINDANAO

  • G.R. No. 125193 October 23, 2001 - MANUEL BARTOCILLO v. COURT OF APPEALS and the PEOPLE OF THE PHILIPPINES

  • G.R. No. 130846 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROGELIO PAMILAR y REVOLIO

  • G.R. No. 131841 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. RUBEN VILLARMOSA

  • G.R. No. 132373 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. TIRSO ARCAY @ "TISOY" and TEODORO CLEMEN @ "BOY

  • G.R. No. 134740 October 23, 2001 - IRENE V. CRUZ v. COMMISSION ON AUDIT

  • G.R. No. 135481 October 23, 2001 - LIGAYA S. SANTOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 136105 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ANTONIO PAREDES y SAUQUILLO

  • G.R. No. 136337 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. NELSON CABUNTOG

  • G.R. No. 139114 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ROMAN LACAP Y CAILLES

  • G.R. No. 139274 October 23, 2001 - QUEZON PROVINCE v. HON. ABELIO M. MARTE

  • G.R. No. 139329 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. ERLINDO MAKILANG

  • G.R. Nos. 140934-35 October 23, 2001 - PEOPLE OF THE PHILIPPINES v. CONDE RAPISORA y ESTRADA

  • A.M. No. RTJ-01-1634 October 25, 2001 - OFFICE OF THE COURT ADMINISTRATOR v. SILVERIO Q. CASTILLO

  • G.R. No. 102367 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ABUNDIO ALBARIDO and BENEDICTO IGDOY

  • G.R. No. 126359 October 25, 2001 - PEOPLE OF THE PHIL v. CARLITO OLIVA

  • G.R. No. 127465 October 25, 2001 - SPOUSES NICETAS DELOS SANTOS v. COURT OF APPEALS

  • G.R. No. 133102 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. DINDO AMOGIS y CRINCIA

  • G.R. Nos. 134449-50 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PEDRO HERNANDEZ y PALMA

  • G.R. No. 135813 October 25, 2001 - FERNANDO SANTOS v. Spouses ARSENIO and NIEVES REYES

  • G.R. No. 135822 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PIO DACARA y NACIONAL

  • G.R. Nos. 137494-95 October 25, 2001 - THE PEOPLE OF THE PHILIPPINES v. SOTERO REYES alias "TURING"

  • G.R. Nos. 142741-43 October 25, 2001 - PEOPLE OF THE PHILIPPINES v. ROMEO MANAYAN

  • A.M. No. P-01-1474 October 26, 2001 - ANTONIO C. REYES v. JOSEFINA F. DELIM

  • G.R. No. 120548 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. JOSELITO ESCARDA

  • G.R. Nos. 121492 & 124325 October 26, 2001 - BAN HUA UY FLORES v. JOHNNY K.H. UY

  • G.R. No. 132169 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. SANICO NUEVO @ "SANY

  • G.R. No. 133741-42 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. LINO VILLARUEL

  • G.R. No. 134802 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RENATO Z. DIZON

  • G.R. No. 135920 October 26, 2001 - ENCARNACION ET AL. v. SEVERINA REALTY CORPORATION

  • G.R. No. 140719 October 26, 2001 - NICOLAS UY DE BARON v. COURT OF APPEALS

  • G.R. No. 140912 October 26, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO DIAZ Y SEVILLETA

  • G.R. No. 141540 October 26, 2001 - EDUARDO TAN v. FLORITA MUECO and ROLANDO MUECO

  • G.R. No. 143231 October 26, 2001 - ALBERTO LIM v. PEOPLE OF THE PHILIPPINES

  • G.R. No. 144237 October 26, 2001 - WINSTON C. RACOMA v. MA. ANTONIA B. F. BOMA

  • G.R. Nos. 146319 & 146342 October 26, 2001 - BENJAMIN E. CAWALING v. THE COMMISSION ON ELECTIONS

  • G.R. No. 146593 October 26, 2001 - UNITED COCONUT PLANTERS BANK v. ROBERTO V. ONGPIN

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    G.R. No. 135822   October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PIO DACARA y NACIONAL

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 135822. October 25, 2001.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PIO DACARA y NACIONAL, Accused-Appellant.

    D E C I S I O N


    YNARES-SANTIAGO, J.:


    Elevated to this Court for automatic review is the decision 1 of the Regional Trial Court of Valenzuela, Branch 171, in Criminal Case No. 6030-V-97, sentencing accused-appellant to suffer the penalty of death for the crime of rape and ordering him to indemnify the victim in the amount of P50,000.00.

    The criminal complaint against accused-appellant states:chanrob1es virtual 1aw library

    That on or about February 5, 1997 in Valenzuela, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation employed upon my person, DITAS DACARA y CARPIO, did then and there wilfully, unlawfully and feloniously have sexual intercourse with me, against my will and without my consent.chanrob1es virtua1 1aw 1ibrary

    Contrary to Law. 2

    Upon arraignment on March 4, 1997, Accused-appellant pleaded not guilty. 3

    The antecedent facts are as follows:chanrob1es virtual 1aw library

    At around 4:00 a.m. of February 5, 1997, the victim, thirteen-year old Ditas Dacara, was awakened as she felt somebody touching her breasts and sex organ. Although the room was not lighted, she recognized the culprit as his father, herein Accused-Appellant. He removed all her clothes and placed himself on top of her. Ditas could not shout because accused-appellant’s hand was covering her mouth. She tried to push him away but he eventually succeeded in inserting his penis into her vagina. After satisfying his lust, Accused-appellant threatened to kill her as well as her mother, brother, and sister if she reveals the incident to anybody. The threat initially deterred Ditas from divulging the rape, but she finally mustered enough courage to disclose to her mother what accused-appellant did to her. 4 This led to the filling of the above-quoted complaint for rape against Accused-Appellant.

    The medico-legal examination conducted on the victim yielded the following results:chanrob1es virtual 1aw library

    GENITAL:chanrob1es virtual 1aw library

    There is moderate growth of the pubic hair. Labia majora are full, convex and coaptated with pinkish brown labia minora presenting in between. On separating the same disclosed an elastic, fleshy-type hymen with deep healed lacerations at 3 and 9 o’clock positions. External vaginal orifice offers moderate resistance to the introduction of the examining index finger and the virgin sized vaginal speculum. Vaginal canal is narrow with prominent rugosities. Cervix is normal in size, color and consistency.

    CONCLUSION:chanrob1es virtual 1aw library

    Subject is in non-virgin state physically. There are no external signs of application of any form of violence. 5

    Accused-appellant interposed the defenses of denial and alibi. He contended that from February 3, 1997 to February 17, 1997, he was in Marilao, Bulacan, where he worked as a stay-in construction worker. He stressed that during said period, there was never an instance when he went back to their house in Valenzuela until February 17, 1997. 6

    To bolster his claim, Accused-appellant presented defense witnesses Amanda Rapales and Marilou Navarro. 7 Amanda Rapales, a neighbor of accused-appellant in Valenzuela, substantially testified that at around 10:00 a.m. of February 3, 1997, Accused-appellant passed by her house to leave the key of his house, as he was leaving for work. 8 Marilou Navarro, on the other hand, testified that accused-appellant stayed in her house in Bulacan from February 3, 1997 up to February 17, 1997, and that he never left her place until February 17, 1997, when he went home to Valenzuela. 9

    On September 9, 1998, the trial court rendered the decision under automatic review. The dispositive portion thereof reads:chanrob1es virtual 1aw library

    WHEREFORE, finding accused Pio Dacara y Nacional Guilty beyond reasonable doubt of the offense charged/committed on her daughter Ditas Dacara, a girl of thirteen (13) years, four (4) months and twenty-nine (29) days at the time of the commission, he is hereby sentenced to death.

    To indemnify the victim the amount of P50,000.00 and to pay the costs.

    Let the complete records of the case be immediately forwarded to the Honorable Supreme Court for automatic review pursuant to Article 47 of the Revised Penal Code as amended by Section 22 of Republic Act No. 7659.

    SO ORDERED. 10

    The Appellant’s Brief raises the following assignment of errors:chanrob1es virtual 1aw library

    I


    THE TRIAL COURT ERRED IN NOT ACQUITTING THE ACCUSED-APPELLANT ON THE GROUND OF REASONABLE DOUBT AND IN CONSIDERING THE INCONSISTENT AND INCREDIBLE TESTIMONIES OF THE PROSECUTION WITNESSES.

    II


    THE TRIAL COURT GRAVELY ERRED IN NOT GIVING CREDENCE TO THE DEFENSE INTERPOSED BY THE ACCUSED-APPELLANT.chanrob1es virtua1 1aw 1ibrary

    III


    THE TRIAL COURT GRAVELY ERRED IN IMPOSING THE SUPREME PENALTY OF DEATH DESPITE THE NON-ALLEGATION OF THE QUALIFYING CIRCUMSTANCE OF RELATIONSHIP IN THE COMPLAINT. 11

    In his first assigned error, Accused-appellant cites two inconsistencies which allegedly destroyed the credibility of the victim. He specifically pointed out the testimony of the victim that she was raped at around 4:00 a.m. of February 5, 1997, as well as the declaration of the victim’s mother that she usually leaves the house to sell merchandise at about 4:30 a.m. Accused-appellant contends that assuming both statements are true, then, the victim’s mother would still be in the house at the time the rape complained of occurred. Accused-appellant likewise highlights the supposed inconsistency as to the date when the victim intimated to her mother that she was raped by Accused-Appellant.chanrob1es virtua1 1aw 1ibrary

    The contentions are without merit. The time of the alleged rape and the time when the victim’s mother routinely leaves the house, are mere approximations which cannot in any way impair the credibility of the prosecution witnesses. Besides, the presence of the victim’s mother in the house will not necessarily preclude the commission of rape. As consistently held by this Court, lust is no respecter of time and place. 12 In the same vein, whether the revelation of the rape by the victim was on February 9, 1997, as claimed by her, or on March 17, 1997, as testified by her mother, is highly inconsequential. It does not detract from the positive, candid and straightforward testimony of the victim that she was raped by Accused-Appellant.

    Verily, the inconsistencies adduced by accused-appellant refer to minor and trivial matters. Rather than weakening it, said inconsistencies serve to strengthen the veracity of the victim’s story as they erase doubts that her testimony has been coached or rehearsed. 13

    From all the foregoing, Accused-appellant utterly failed to destroy the credibility of the rape victim. Her candid and direct narration of the details of the rape as reviewed by this Court in the transcript of stenographic notes, evidently deserves full faith and credence. It bears stressing that Ditas was only thirteen years old when she was sexually abused by Accused-Appellant. Settled is the rule that testimonies of child-victims are given full weight, since when a woman, more so if she is a minor, says that she has been raped, she says in effect all that is necessary to show that rape was committed. 14 Indeed, the findings of the trial court, which had the opportunity to observe her deportment on the witness stand, should be affirmed. 15

    The trial court did not err in disregarding the defenses set up by Accused-Appellant. Denial and alibi are inherently weak and cannot prevail over the rape victim’s positive identification of her ravisher. This applies with more vigor in the present case where the culprit is the father of the victim with whom the latter has close and natural familiarity that enabled her to recognize him easily. 16 Moreover, it is highly inconceivable that Ditas would fabricate rape charges against her very own father.

    What is more, Accused-appellant failed to prove the physical impossibility of his presence at the locus criminis at the time the rape occurred. According to him, the travel time between Marilao, Bulacan, and their house in Valenzuela, by public transport, is only one hour. 17 Such a short span of time does not render impossible the presence of accused-appellant in his house at the time of the perpetration of the rape. Hence, his defense of alibi must fail.

    The Court, however, cannot affirm the penalty of death imposed on accused-appellant due to the failure of the prosecution to allege in the complaint the minority of the victim and her relationship with Accused-Appellant. Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659, under which accused-appellant was convicted reads:chanrob1es virtua1 1aw 1ibrary

    The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:chanrob1es virtual 1aw library

    1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim. . . .

    The circumstances of minority and relationship in the foregoing provision are special qualifying circumstances that cannot be considered unless specifically stated in the complaint or information. Notably, Sections 8 and 9, 18 Rule 110, of the December 1, 2000 Revised Rules on Criminal Procedure, now require that aggravating circumstances, whether ordinary or qualifying, must be alleged in the complaint or information. The Constitution guarantees to be inviolable the right of an accused to be informed of the nature and cause of the accusation against him. It is this requirement that renders it essential for every element of the offense with which an accused is charged to be properly alleged in the complaint or information. 19 Consequently, the crime committed in the present case is only simple rape, punishable by reclusion perpetua.

    Nevertheless, in line with our ruling in People v. Catubig, 20 the qualifying circumstances of minority and relationship, though not specified in the complaint, can serve as basis for awarding exemplary damages. Although the rape in this case was committed in 1997, before the Revised Rules on Criminal Procedure took effect, the retroactive application of the rules does not absolve accused-appellant from civil liability. Hence, he is liable to pay exemplary damages.

    In addition to the P50,000.00 civil indemnity, the victim is entitled to another P50,000.00, as moral damages, which are awarded without need of proof of moral suffering. 21

    WHEREFORE, the decision of the Regional Trial Court of Valenzuela, Branch 171, in Criminal Case No. 6030-V-97, finding accused-appellant Pio Dacara y Nacional guilty beyond reasonable doubt of the crime of rape, is AFFIRMED with the following MODIFICATIONS: Accused-appellant is sentenced to suffer the penalty of reclusion perpetua and to pay the offended party the additional sums of P50,000.00 as moral damages and P25,000.00 as exemplary damages.

    SO ORDERED.

    Davide, Jr., C.J., Bellosillo, Melo, Puno, Kapunan, Mendoza, Panganiban, Quisumbing, Pardo, Buena, De Leon, Jr., and Sandoval-Gutierrez, JJ., concur.

    Vitug, J., on official leave.

    Endnotes:



    1. Penned by Judge Adriano R. Osorio.

    2. Rollo, p. 7.

    3. Records, p. 14.

    4. TSN, June 20, 1997, pp. 3-7.

    5. Records, p. 8.

    6. TSN, July 17, 1998. pp. 3-9.

    7. Spelled as Navarra in the Transcript of Stenographic Notes.

    8. TSN. April 20, 1998, p. 7

    9. Ibid., February 13, 1998, p. 5.

    10. Rollo, p. 29.

    11. Rollo, pp. 43-44.

    12. People v. Tan, Jr., 264 SCRA 425, 439 [1996]; citing People v. Dones, 254 SCRA 696 [1996]: People v. Remoto, 314 Phil. 432 [1995]; People v. Segundo, 288 SCRA 691 [1993]; People v. Codilla, 224 SCRA 104 [1993]; and People v. Guiboa, 217 SCRA 64 [1993].

    13. People v. Barera, 262 SCRA 63, 72 [1996]; citing People v. Pamor, 237 SCRA 462 [1994]; and People v. Salinas, 232 SCRA 274 [1994].

    14. People v. Lusa, 288 SCRA 296, 303 [1998]; citing People v. Gabayron, 278 SCRA 78 [1997] .

    15. People v. Corea, 269 SCRA 76, 87 [1997].

    16. People v. Cula, 329 SCRA 101, 115 [2000].

    17. TSN, July 17, 1998, p. 12.

    18. SECTION 8. Designation of the offense. — The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.

    SECTION 9 Cause of the accusation — The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment.

    19. People v. Catubig, G.R. No. 137842, August 23, 2001; citing People v. Narido, 316 SCRA 131 [1999] and Section 1 (2), Article III of the Constitution.

    20. Supra.

    21. People v. Baid, 336 SCRA 656, 678 [2000]; citing People v. Capillo, 319 SCRA 223 [1999].

    G.R. No. 135822   October 25, 2001 - PEOPLE OF THE PHILIPPINES v. PIO DACARA y NACIONAL


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